FOCUS: Jurnal of Law

JURIDICAL ANALYSIS OF PERSONAL GUARANTORS’ LEGAL POSITION IN INDONESIA’S PKPU MECHANISM TO ENSURE LEGAL CERTAINTY

2026-04-16T01:52:01+00:00

This article examines the legal position of personal guarantors in Indonesia’s Suspension of Debt Payment Obligations (PKPU), distinguishing contractual liability from procedural debtor status. Using normative juridical research with statutory, conceptual, and case approaches, it analyzes Law No. 37 of 2004, Articles 1820–1850 of the Civil Code, and Central Jakarta Commercial Court Decision No. 403/Pdt.Sus-PKPU/2023/PN Niaga Jkt.Pst (18 January 2024). The court rejected a PKPU petition joining a corporate debtor and two personal guarantors without conclusively determining the alleged debt or enforceability of the guarantees. Article 254 excludes co-debtors and guarantors from PKPU protection, whereas Article 287 concerns guarantors of court-approved compositions. Waiving the benefit of prior exhaustion may affect enforcement but does not automatically establish PKPU respondent status. Legal certainty requires clear statutory classification, verifiable guaranteed obligations, predictable procedural treatment, and preservation of lawful remedies. Findings are confined to the examined provisions and decision, without generalizing across commercial courts.

SUBSTANTIVE JUSTICE AND HUMAN RIGHTS PROTECTION FOR PEOPLE USING NARCOTICS UNDER CONTEMPORARY INDONESIAN CRIMINAL LAW

2026-04-17T11:45:27+00:00

Substantive justice requires courts to evaluate narcotics offenses through lawful distinctions, individual circumstances, and enforceable rights. This article examines whether Indonesia’s rehabilitation framework can protect people prosecuted for personal narcotics use under legislation effective in 2026. Using normative legal research, it analyzes constitutional guarantees, narcotics legislation, recent criminal law reforms, judicial guidance, and a Constitutional Court decision, supported by twenty recently published journal articles. The analysis identifies persistent tensions between punishment and treatment, particularly when offense classifications, clinical assessments, and judicial discretion are inadequately explained. Comparative evidence also cautions against assuming that compulsory rehabilitation necessarily improves outcomes. The article develops a carefully structured judicial framework covering applicable law, proven conduct, health assessment, proportionality, and implementation. It argues that legally accountable enforcement requires individualized reasoning, accessible and effective healthcare, and consistent procedural safeguards. Rehabilitation should respond to demonstrated needs without replacing lawful adjudication or undermining personal dignity throughout the criminal process.

LEGAL PROTECTION FOR WIVES, CHILDREN, AND MARITAL PROPERTY IN UNREGISTERED MUSLIM MARRIAGES UNDER INDONESIAN LAW

2026-10-21T15:08:00+00:00

This study discusses the position of wives, children, and property in unregistered marriages based on Islamic law, Law No. 1 of 1974, and Constitutional Court Decision No. 46/PUU-VIII/2010. The method used is a legal-normative approach with a comparative approach to Islamic legal literature and legislation. The results of the study show that according to Islamic law, unregistered marriages are valid religiously if they fulfill the pillars and requirements of marriage, but they do not have legal force because they are not registered. As a result, wives and children find it difficult to obtain legal protection for their status and civil rights, including inheritance rights and joint property. Constitutional Court Decision No. 46/PUU-VIII/2010 recognizes the civil relationship between children born out of wedlock and their biological fathers, thereby strengthening legal protection for children born from siri marriages. Therefore, marriage registration is important to ensure legal certainty for all parties.

EDUCATION ON CITIZENS' CONSTITUTIONAL RIGHTS: PROMOTING AN UNDERSTANDING OF THE POLITICAL RIGHTS GUARANTEED BY THE INDONESIAN CONSTITUTION

2026-10-21T14:49:06+00:00

Education on constitutional rights in Indonesia, particularly within the framework of citizenship education, plays a vital role in enhancing political awareness and fostering community participation. This study aims to evaluate the effectiveness of constitutional rights education in improving public understanding of the political rights guaranteed by the 1945 Constitution. A literature review was employed to analyze various related studies. The findings suggest that, despite a strong legal framework, significant challenges remain in terms of educational access and public understanding of constitutional rights. Key barriers include disparities in educational access for vulnerable groups and the high cost of education. The study recommends the development of a more inclusive and effective educational curriculum to enhance political participation among citizens. Furthermore, this research highlights the critical need for collaboration between the government, educational institutions, and society to ensure that all citizens can fully exercise their constitutional rights.

ALGORITHMIC GHARAR AND LEGAL CERTAINTY IN BLOCKCHAIN-BASED SMART CONTRACTS: A COMPARATIVE STUDY OF INDONESIAN LAW AND ISLAMIC BUSINESS LAW

2026-10-22T14:07:29+00:00

This article examines the legal certainty of blockchain-based smart contracts within Indonesia’s dual framework of positive law and Islamic business law. It asks how Indonesian contract and electronic-transaction rules accommodate automated agreements, how automation reshapes gharar, and what governance safeguards are needed. The study employs normative-comparative legal research, using legislation, regulatory instruments, Sharia standards, and scholarship selected for relevance and authority. Materials were analysed through doctrinal interpretation, cross-jurisdictional comparison, and thematic mapping of uncertainty. The findings indicate that Indonesian law may recognize smart contracts through contract and electronic-transaction rules, but the framework remains fragmented. Automation can reduce opportunistic non-performance while relocating uncertainty to code opacity, oracle reliability, tokenized asset rights, and irreversible execution. The article conceptualizes “algorithmic gharar” as an analytical lens, not a fiqh category, and proposes a Sharia-Compliant Smart Contract Governance model combining readable legal terms, code and Sharia audits, accountable data governance, limited reversibility, and coordinated oversight