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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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Politik Hukum dalam Otonomi Daerah Berbasis Keadilan Bermartabat Tjahjana, Teguh Pribadi
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.v6i2.1941

Abstract

One of the subsystems of national development legal politics is the legal policy for the formation of regional regulations. Given that the values, philosophies, theories, principles and norms of the state, all of which are influenced by the national legal system and politics, bind and become guidelines for regional legal products, especially regional regulations, this has additional meaning. The issue is how regional autonomy can have an impact on the welfare of the Indonesian people. How does the legal system of regional autonomy adhere to the principles of dignified justice? The results of his research show that regional autonomy can be one of the instruments for accelerating the development of the welfare of the Indonesian people, provided that regional development must refer to geographical or regional potential, governance, especially with regard to the government bureaucracy itself, and the implementation of minimum service standards by local governments that ensure an evenly distributed improvement in the quality of public services to improve people's welfare, promote democratic life, justice, equity, and maintain good relations between the center and the regions, as well as between regions, in order to maintain the integrity and unity of the Unitary State of the Republic of Indonesia.
Penerapan Asas Kepastian Hukum dalam Penyelesaian Sengketa Tumpang Tindih Sertipikat Hak Milik atas Tanah (Studi Kasus Putusan Nomor 2/G/2023/PTUN.PLK) Musmuliadi, Musmuliadi; 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.v6i2.1950

Abstract

The land registration system has been regulated in government regulation Number 24 of 1997 to guarantee legal certainty of land ownership, although the system is good, it turns out that there are still many land problems, especially regarding overlapping ownership. Overlapping ownership is caused by multiple land certificates issued by the BPN for one land object with multiple certificates due to inaccuracy in the land registration process or other elements carried out by the BPN (National Land Agency. The research method used is normative juridical/ The results of the research are the application of the principle of legal certainty in resolving disputes over overlapping land ownership certificates that the principle of legal certainty aims to provide a guarantee of clarity, justice, and legal protection to the disputing parties. In this case, the state through the National Land Agency (BPN) and the judiciary must ensure that the dispute resolution process is carried out fairly, transparently, and based on valid legal evidence. Land administration reform, data digitization, and increased supervision of certificate issuance are also important elements to prevent similar disputes in the future. Ratio decidendi Decision Decision Number 2/G/2023/PTUN.PLK regarding the dispute over overlapping certificates of ownership of land that the Plaintiffs suspect that the issuance of the certificate of the disputed object a quo did not go through a legal process, resulting in an overlap with their land and that of the late Hj. Nasuha. In the trial at the State Administrative Court (PTUN), the judge will assess whether the administrative decision that gave birth to the certificate of the disputed object a quo has met the legal requirements. The judge will examine the legal basis for the issuance of the certificate, the validity of the procedures carried out, and the impact of the issuance of the certificate on the rights of the Plaintiffs.
Peran dan Kedudukan Scientific Crime Investigation dalam Hukum Pembuktian Acara Pidana (Studi Kasus Putusan Nomor 777/Pid.B/2016/PN.Jkt.Pst. dan Putusan Nomor 796/Pid.B/2022/PN Jkt.Sel) Muin, Irwan; Fakhlur, Fakhlur
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.v6i2.2014

Abstract

Scientific Crime Investigation (SCI) is used as a scientific approach in uncovering, investigating, and proving a crime. SCI utilizes technology and forensic science to dig up accurate and objective evidence, especially in cases of complex, obscure, planned crimes, or without direct witnesses. The formulation in this study is how the normative concept of Scientific Crime Investigation is in criminal procedural evidence law and what is the role and position of Scientific Crime Investigation in the practice of criminal case evidence. And the method used in this study is normative juridical, namely a legal research method that focuses on written legal norms, such as laws and regulations, legal doctrines, and court decisions. This method is often referred to as doctrinal research, because it aims to find the principles, concepts, and applicable legal rules. The results of the study show that Scientific Crime Investigation (SCI) is a method of investigation and inquiry that emphasizes a scientific approach by utilizing forensic science and technology—such as digital forensics, DNA, ballistics, and forensic medicine—to reveal the material truth of a crime. This approach is very appropriate and effective, especially for uncovering crimes that are carried out in secret, planned, and without witnesses. SCI produces scientific evidence that is legally valid and has high evidentiary power, both in the investigation process by investigators, prosecution by prosecutors, and in the consideration of judges' decisions in criminal trials, as regulated in Article 184 paragraph (1) of the Criminal Procedure Code.
Analisis Yuridis Reforma Agraria dan Tata Ruang Paska Pengesahan Masyarakat Adat Rungan Yesiska, Yesiska; Nugroho, Meysita Arrum
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.v6i2.2025

Abstract

Indigenous law communities are people who have inhabited an area for generations, with characteristics, rules, and structures that differ from other indigenous communities. The existence of indigenous communities in Indonesia existed long before Indonesia's independence, and they have independent legal institutions that are used to regulate the lifestyle and behaviour of each member of their community or those in the area where they live. They are the real actors behind preserving nature and the environment. The role of indigenous communities is very large, but currently, recognition of their existence is still quite weak. Recognition of the rights of indigenous peoples to the environment has been normatively stated after Indonesia's independence. This recognition is contained in legislation, the content of which is to emphasize the role of indigenous communities in regulating nature and everything in it for the benefit of each other and the state. Legislation has firmly emphasized the role of Indigenous peoples in nature and everything in it long before they had legal recognition as Indigenous Law Communities (MHA) or special legislation which is still far from being passed. The purpose of this research and journal writing is to examine juridically the agrarian reform and spatial planning after the ratification of Indigenous Law Communities (MHA) in the Basic Agrarian Law (UUPA).
Perlindungan Hukum bagi Pemenang Lelang terhadap Gugatan Debitur Menurut Undang-Undang Nomor 4 Tahun 1996 tentang Hak Tanggungan Octavian, Verri
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.v6i2.2026

Abstract

Legal protection for auction winners is a crucial aspect of the mortgage execution system, especially when debtors file lawsuits after the auction. This study analyzes the legal protection for auction winners against debtor lawsuits based on Law Number 4 of 1996 on Mortgage Rights, as well as the obstacles in its implementation. The study reveals that although legal norms provide certainty for auction winners, challenges persist in the form of lawsuits filed by debtors, lack of coordination between the judiciary and auction institutions, and debtor ignorance regarding execution mechanisms. To overcome these obstacles, regulatory improvements, increased transparency in the auction system, and clearer judicial guidelines for handling post-auction disputes are necessary. With the implementation of these solutions, legal certainty for auction winners is expected to be enhanced, ensuring a more effective and fair mortgage execution system.
Integrasi Teknologi dalam Upaya Penegakan Hukum di Indonesia: Perspektif Hukum dan Regulasi Briliant Pangabean, Bona Axel; Kemala, Anyelir Puspa
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.v6i2.2028

Abstract

The development of technology in the legal system in Indonesia has brought significant changes to the judicial process. Digitalization of law through the implementation of e-Court, artificial intelligence (AI), big data, and blockchain provides great opportunities to increase efficiency, accessibility, and transparency in law enforcement. Various regulations have been drafted to support the integration of technology in the judicial system, including Law No. 11 of 2008 concerning Electronic Information and Transactions (UU ITE), Law No. 27 of 2022 concerning Personal Data Protection, and Supreme Court Regulation No. 3 of 2018 concerning e-Court. However, the implementation of this technology also raises various challenges, such as the validity of digital evidence, protection of privacy rights, and the readiness of legal infrastructure and human resources. This study uses normative legal methods with a statutory, conceptual, jurisprudential, and comparative approach to evaluate how the legal system in Indonesia adapts to technological developments in law enforcement. The results of the study show that although regulations related to legal technology have been implemented, there are still weaknesses in the mechanisms for protecting human rights, authenticating digital evidence, and protecting data in the legal process. In addition, a comparison with regulations in the European Union and the United Kingdom shows that the legal system in Indonesia needs to improve the standards for validating electronic evidence and protecting personal data. Therefore, a more comprehensive legal reform is needed to ensure that the use of technology in the legal system remains in line with the principles of justice and legal certainty. By strengthening regulations, increasing the capacity of law enforcement officers, and synergy between the government, academics, and legal practitioners, the Indonesian legal system can develop adaptively and continue to uphold the principles of justice in the digital era
Perlindungan Hukum Bagi Kreditur dalam Permohonan Penundaan Kewajiban Pembayaran Utang (PKPU) atas Timbulnya Perselisihan Nilai Tagihan dengan Nilai yang Ditetapkan oleh Tim Pengurus PKPU Aji, Nugroho Bayu; Syam, Radian
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.v6i2.2029

Abstract

Suspension Of Debt Payment is a legal mechanism regulated in Law No. 37 of 2004, concerning Suspension Of Debt Payment (PKPU) and Bankruptcy, this mechanism allows Creditors and Debtors to apply for postponement of payment of overdue debts through the Commercial Court. This research aims to provide a comprehensive overview of the objection mechanism that can be submitted by Creditors in the event of a dispute between the value of the bill and the value determined by the Management. This research uses normative legal research methods. The results of this study indicate that when the PKPU application has been granted, the Debtor will be in a temporary PKPU condition which lasts for 45 days then the Panel of Judges will appoint Supervisory Judges and Administrators who are tasked with overseeing the PKPU process. In the PKPU series, there are agendas held by the Administrators, one of which is bill matching, in this agenda there is often a dispute between the value of the bill submitted by the Creditor and the value of the bill determined by the Administrators, which if there is such an event then referring to article 279 paragraph 2 of Law No. 37 of 2004, the Creditor can file an objection through the Supervisory Judge, then based on article 280 of Law No. 37 of 2004, the Supervisory Judge will issue a determination which then becomes a reference for the Management in determining the value of the bill from the Creditor which can be included in the PKPU process. This research also includes the determination in case Number: 125/Pdt.Sus-PKPU/2021/PN.Niaga.JKT.PST, in which case, both the Creditor and the Supervisory Judge have carried out the mechanism as regulated in Article 279 paragraph (2) and Article 280 of Law No. 37 of 2004.
Tinjauan Hukum Atas Wewenang Pemerintah Dalam Pencegahan Penghindaran Pajak Syafari, Herdin; Miharja, Marjan
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.v6i2.2030

Abstract

The provisions in Article 32 and Article 43 of Government Regulation No. 55 of 2022 are to provide an authority to the Minister of Finance in determining expenses that cannot be deducted from gross income (non-deductible expenses), which are considered to exceed the limits of authority regulated in Article 18 of the HPP Law. Article 18 of the HPP Law has expressly regulated the mechanism for preventing tax evasion, but does not include the authority as formulated in the PP, especially related to the imposition of fees on payments to foreign taxpayers whose receipts are not subject to income tax in their country of domicile. This research aims to examine the excesses of authority that have been delegated in Article 18 of Law No. 7 of 2021 concerning the Harmonization of Tax Regulations and its implications. This study uses normative legal research with a literature study on laws and regulations in Indonesia. The results of the study show that Articles 32 and 43 of Government Regulation Number 55 of 2022 have significant legal implications because they are considered to exceed the authority delegated in Article 18 of Law Number 7 of 2021 concerning the Harmonization of Tax Regulations. The provisions in this Government Regulation, especially related to the application of the substance over form doctrine and guidelines for the prevention of tax evasion, are not explicitly regulated in the HPP Law, thus creating potential conflicts in the regulatory hierarchy, legal uncertainty, and the risk of abuse of authority by tax authorities. In addition, the unclear limitation of authority in the guidelines set by the Minister of Finance also has the potential to increase legal disputes between taxpayers and the government. While it aims to improve tax compliance and prevent tax avoidance, it requires more detailed adjustments and guidelines to ensure its implementation is in line with the principles of legal certainty and regulatory hierarchy.
Eksistensi Sistem Perkawinan Exogami Masyarakat Adat Batak Toba di Kota Jakarta Putra, Theo Arunggi; Mulya, Musa Alam
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.v6i2.2032

Abstract

The purpose of this paper is to describe the development of the Batak Toba traditional marriage system in Jakarta, as well as its process of adaptation and transformation in relation to Law No. 1 of 1974. This research employs a socio-legal approach, which examines law not only as written norms (law in books), but also as a social reality that lives and evolves within society (law in action). Based on the discussion above, the following conclusions can be drawn: first, the Batak Toba traditional marriage system in Jakarta has undergone dynamic development, reflecting the community's efforts to preserve their cultural identity while adapting to the social, legal, and economic realities of urban life, particularly in Jakarta. This illustrates that customary law is not a static entity, but rather adaptive to the changing times. Second, the adaptation and transformation of the Batak Toba marriage system within the context of Law No. 1 of 1974 is a dynamic and dialogical process. On one hand, state law demands certainty and equality; on the other hand, customary law serves to preserve identity and social solidarity.
Tanggung Jawab Hukum dalam Kasus Pelanggaran Hak Cipta oleh Artificial Intelligence di Indonesia Syahrizal, Syahrizal
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.v6i2.2033

Abstract

This research aims to examine legal liability in cases of copyright infringement by Artificial Intelligence (AI) in Indonesia and to evaluate the clarity of the existing legal mechanisms. Based on the analysis, it is found that Law Number 28 of 2014 on Copyright (UUHC) still adheres to an anthropocentric legal paradigm that recognizes only human beings or legal entities as legitimate legal subjects and creators. In the event of copyright infringement by AI, legal responsibility is transferred to the users, developers, or owners of the system, even though there is no explicit and comprehensive normative instrument available to determine liability based on intent, negligence, or economic gain. Furthermore, although institutional structures such as the Directorate General of Intellectual Property (DJKI), the Commercial Court, and procedures for litigation and ADR are already in place, the copyright legal system in Indonesia is not yet fully adaptive to the complexity of AI-based infringements—particularly regarding algorithmic processes and the use of unauthorized training data. The potential for copyright violations by AI encompasses various forms, including unauthorized reproduction, illegal compilation, covert plagiarism, infringement of distribution rights, and moral rights violations. The lack of transparency in training data and algorithmic traces exacerbates attribution challenges and creates systemic inequality between technological corporations and the vulnerability of individual creators. Therefore, it is recommended that the government design legal reforms to explicitly recognize AI-generated works, apply the principle of accountable innovation, mandate algorithmic transparency, strengthen the roles of DJKI and Collective Management Organizations, and establish compensation funds for creators. This study highlights the urgency of reconstructing copyright law’s substantive aspects to ensure justice and effective protection in the age of artificial intelligence.

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