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Setiawati, Anda
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Journal : Amicus Curiae

 1 
KEDUDUKAN SURAT PESANAN DALAM PROSES JUAL BELI  APARTEMEN CASA GRANDE RESIDENCE TOWER AVALON (STUDI ATAS PUTUSAN PENINJAUANKEMBALI NO. 53 PK/PDT/2021): The Position of Order Letter in The Sale and Purchase Process Of Casa Grande Residence Tower Avalon (Study Of Judicial Review Decision No. 53 PK/Pdt/2021) Cantika, Anastasya Putri; Setiawati, Anda
AMICUS CURIAE Vol. 1 No. 4 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/vk04ag08

Abstract

The marketing of apartments with the pre-project selling system, widely used by developers, is always preceded by a purchase order letter that the signing of a PPJB will follow. In practice, the status of the purchase order letter becomes a matter of concern, whether its position is merely a memorandum of understanding (MoU) or a binding agreement that can be used as a basis for prospective buyers to demand the handover of apartment units and the implementation of AJB. One case related to the purchase order letter is the lawsuit by prospective buyers of Casa Grande Residence Apartments, who are demanding the handover of units, the issuance of SHMSRS, and the signing of AJB because they have already paid the purchase price. To determine whether the prospective buyers can assert their rights, attention must be paid to the content of the purchase order letter, whether its position is only an MoU to be followed by the signing of PPJB, or whether the purchase order letter simultaneously serves as the PPJB. It is also important to consider the customary practices in the marketing of apartments with the pre-project selling system, where the purchase order letter is simply a document containing the buyer's statement of the desired unit along with the terms and conditions set by the developer, to be followed by the signing of PPJB.  
JUAL BELI APARTEMEN CASA GRANDE RESIDENCE OLEH PASANGAN SUAMI ISTERI YANG BERBEDA KEWARGANEGARAAN: Sale And Purchase Of Casa Grande Residence Apartments By Married Couples With Different Nationalities Wijayanti, Mayday Hanura; Setiawati, Anda
AMICUS CURIAE Vol. 1 No. 4 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/60x9gw77

Abstract

Based on Article 33 paragraph (3) of the 1945 Constitution, every Indonesian has the right to benefit from existing land in Indonesia, including to meet the need for a place to live. However, times are changing and the population is increasing, including foreigners working in Indonesia. For foreigners, they are given flats built on usufructuary land. In relation to the purchase of apartments, the law also limits the purchase of flats/apartments for husband and wife who are of different nationalities and do not have a separate property agreement, where they are only allowed to buy flats built on land with a usage right. Married couples of different nationalities can buy a flat on HGB land if prior to the marriage they entered into an agreement to separate assets. With the decision of the Constitutional Court Number 69/PUU-XIII/2015, married couples of different nationalities can enter into an agreement to separate assets after the marriage takes place and can buy flats built on HGB land.  
KAJIAN YURIDIS TERHADAP PEMBATALAN PERJANJIAN PENGIKATAN JUAL BELI TANAH SAWAH: Juridical Study on the Cancellation of the Binding Agreement for Sale and Purchase of Rice Field Land Setyawati, Utami; Setiawati, Anda
AMICUS CURIAE Vol. 1 No. 4 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/hmy4vf18

Abstract

The legal act of buying and selling land requires the fulfillment of the elements of light, cash and real as well as material and formal requirements. For material requirements, the seller must be the person whose name is listed in the certificate, while the buyer must qualify as a right holder. Procedurally, PP No. 24/1997 requires that every legal act of land sale and purchase be carried out with an AJB made by a PPAT. If AJB cannot be signed, to bind the parties can make PPJB. In the case of a dispute over a PPJB for a paddy field, the prospective buyer did not want to pay the price and sign the AJB because the certificate had not been changed into the buyer's name. For this problem, the prospective seller demands the cancellation of the PPJB and asks the court to declare the down payment forfeited along with the payment of compensation. In the concept of buying and selling land, the name change can only be done after the AJB is signed. Therefore, the request of the prospective buyer who does not want to sign the AJB cannot be legally justified.
EKSISTENSI KEPEMILIKAN TANAH MUSNAH AKIBAT GEMPA BUMI CIANJUR: The Existence of Destroyed Land Ownership Due to the Cianjur Earthquake Nabilah, Hana Jihan; Setiawati, Anda
AMICUS CURIAE Vol. 1 No. 4 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/em9dcv73

Abstract

One of the events that caused the elimination of land rights was the destroyed land. The causes of destroyed land are natural disasters such as earthquakes, landslides, and human activities. In the concept of national land law, especially the UUPA, the destruction of land has the legal consequence of erasing land rights. However, according to BPN Regulation Number 17 of 2021, before it is declared as destroyed land, landowners are given priority rights to reclaim/reconstruct their land. The issues raised are what is the status of ownership of land that was declared destroyed due to the earthquake disaster in Cianjur and what is the government's policy in dealing with the problem of land destroyed due to the earthquake disaster in Cianjur. To answer the problem, normative legal research is used which is descriptive-analytical, which is based on secondary data with primary data as complementary data. Data analysis was carried out qualitatively by concluding using deductive logic. With the issuance of Presidential Decree Number 52 of 2022 which has been amended by Presidential Decree Number 27 of 2023 to land owners whose land has been declared destroyed. Spiritual funds are provided as compensation funds given to parties who are entitled to receive spiritual funds. In cases where land was destroyed due to the Cianjur earthquake, the government provided spiritual funds in the form of replacement land and housing. Keywords: Destroyed Land; Spiritual funds; Priority rights; Reconstruction
PENYALAHGUNAAN PERUNTUKAN RUANG TERBUKA HIJAU UNTUK BISNIS KULINER (STUDI KASUS DI PLUIT JAKARTA UTARA): The Misuse of Green Open Space Designation for Culinary Business (Case Study in Pluit North Jakarta) Yapferonica; Setiawati, Anda
AMICUS CURIAE Vol. 1 No. 4 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/t22z5s84

Abstract

A debtor who is experiencing financial difficulties and cannot pay their loans or arrears is declared bankrupt by the Commercial Court. In the case of workers 'status bankruptcy, it is necessary to pay attention to whether the termination of the employment relationship can be carried out one-sidedly and whether the workers' wages, severance pay, and length of service compensation should all be taken into account and the cost of compensation rights due to the many discrepancies in the provisions of the bankruptcy law, PKPU, and labor law. The main question is how PT KIA Indonesia Motor is responsible for its employees to coincide with law No.  37 of 2004 on Insolvency and deferral of loan or delinquent payments, and how employees who are insolvent by the Act are legally protected. Normative legal research with secondary data is this type of research supported by preliminary evidence. Research is descriptive and reaches conclusions through deductive reasoning. The results showed that the separatist creditors are below the preferred creditors in the position of wage workers.
Co-Authors Achdianto Adi Wiratno, Adi Agung Wijaya, Agung Amriyati Amriyati Andari Yurikosari, Andari Annas, Muhammad Sjahrul Ari Wahyudi Hertanto Aris Dwi Saputro Cahya Mahasura Cantika, Anastasya Putri Dinda Keumala Erica Khoirunnisa Farsya Fachira Aslam I Gede Yudi Arsawan Ignatius Pradipa Probondaru Irene Eka Sihombing Lie, Ribka Yonathan Mohamad Fauzan, Mohamad Nabilah, Hana Jihan Nastasha Estherina. G Natasya Yunita Sugiastuti Putra, Ghayana Aditya Sarah Anissa Rahmayanti Setyawati, Utami Sheira Maghfira Maulani Utami Wijayanti, Mayday Hanura Yapferonica Yoga Pamungkas Yogo Pamungkas, Yogo Zifanya Kesysha Ramadhani