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MASALAH KETERLAMBATAN PENANDATANGAN AJB DAN PENYERAHAN UNIT APARTEMEN REGATTA (STUDI PUTUSAN NO. 573/PDT.G/2020/PN JKT.UTR) Sheira Maghfira Maulani Utami; Anda Setiawati
Reformasi Hukum Trisakti Vol. 3 No. 3 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Marketing of flats before the construction is completed is done by many developers. Generally, marketing is preceded by a legal bond as outlined in the PPJB. In practice, many problems occur where developers do not fulfill their obligations as stated in the PPJB and as a result prospective buyers file a default lawsuit to the court. The formulation of the problem regarding whether the default lawsuit filed by prospective buyers of the Regatta Apartment is in accordance with applicable legal provisions and whether the judge's consideration in Decision No. 573/Pdt.G/2020/PN Jkt.Utr is in accordance with the provisions of the law. Normative juridical research method which is descriptive analytical and the conclusion is drawn inductively, secondary data (library data) only. The results of the research, discussion and conclusion are that the default lawsuit filed by the prospective buyer is appropriate because the developer's actions that violate Article 5.1 of the PPJB include acts of default. For the consideration of the judge who stated that the developer was in default in accordance with the provisions of the law because the developer was proven not to have carried out his obligations to make AJB in front of PPAT and to deliver Regatta apartment units to prospective buyers.

ASPEK YURIDIS KEPEMILIKAN KONDOTEL SWISS BELHOTEL TUBAN – KUTA BALI OLEH WARGA NEGARA ASING BERDASARKAN PP NO. 103 TAHUN 2015 Nastasha Estherina. G; Anda Setiawati
Reformasi Hukum Trisakti Vol 3 No 1 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v3i1.10342

If previously the apartments were only meant for domestic use, they are now also utilized for non-residential uses, such as service hotels, one of which is situated in Bali, namely the Swiss Belhotel Tuban - Kuta Bali Condotel, whose existence draws tourists from abroad. According to PP No. 103 of 2015 concerning Ownership of Residential or Residential Houses by Foreigners Domiciled in Indonesia, the foreigner must be domiciled in Indonesia, provide economic benefits and the condotel purchased must be a new unit and built on Land Right to Use in order to be able to own and control the Swiss Belhotel Tuban - Kuta Bali Condotel unit. Simply said, there is a violation in the condotel unit's ownership Condotel ownership is given with a "strata title certificate" that includes 14 units that are owned and controlled by foreigners, in accordance with the provisions of PP No. 103/2015 and UURS. Given that the condotel is constructed on land with usage rights, foreigners should have ownership rights over flat units (HMSRS) rather than a "strata title" for their unit.

PEMBATALAN SERTIFIKAT YANG DITERBITKAN DARI JUAL BELI YANG MELAWAN HUKUM (STUDI PUTUSAN NO.1/Pdt.G/2015/PN.Mrj) Farsya Fachira Aslam; Anda Setiawati
Reformasi Hukum Trisakti Vol 3 No 1 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v3i1.10343

In reality, non-title holders often discover incidents of land sales and purchases. The land sale and purchase case involving H.M. Noor Habdi and Khairul Mahdi involved a parcel of land registered in Tirani's name as the object. Even though H.M. Noor Habdi did not actually own the property, he secured a land certificate from Tirani's husband in order to obtain a bank loan. However, H.M. Noor Habdi did not return the certificate he had borrowed after Tirani's spouse passed away; instead, he changed the name to his own and sold it to his son, Khairul Mahdi. Tirani and her kids, believing their rights had been violated, launched a case on the grounds urged that the land sale and purchase agreement be terminated after being accused of an illegal act. The findings of the study, the discussion and the conclusion led the judges on the Muaro District Court panel to issue Decision No. 1/Pdt.G/2015/PN.Mrj, which declared that H.M. Noor Habdi's legal transaction of buying and selling Khairul Mahdi was invalid and had no legal standing. However, Tirani's side had file a lawsuit with the State Administrative Court (PTUN) in order have the certificate that had been granted Khairul Mahdi's name revoked.

MASALAH WANPRESTASI PENGEMBANG APARTEMEN NEWTON RESIDENCE Erica Khoirunnisa; Anda Setiawati
Reformasi Hukum Trisakti Vol 3 No 2 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v3i2.13451

The practice of Pre-Project Selling is used by people in the construction of flats by binding potential buyers through a Sale and Purchase Agreement (PPJB). In reality, many problems arise, especially the problems in PPJB violations. The problems in this research are whether pre-project selling of Newton Residence Apartments is in accordance with applicable procedures and whether PPJB violations by the developer include acts of default or acts against the law and whether the consideration of the panel of judges stated that the perpetrators of the construction of defaults were in accordance with the provisions of the applicable law. To answer the problems, the authors conduct a normative and descriptive legal research by using secondary data obtained trough library research, analyzed qualitatively and the conclusions are drawn deductively. The results of this research are that the pre-project selling of Newton Residence Apartments is not in accordance with the Decree of Menpera No. 11/KPTS/1994 and the actions of the perpetrators of the development include acts of default in the form of not carrying out what has been agreed upon, and a court decision stating that the developer is default is in accordance with the applicable law and regulations.

KAJIAN MASALAH PRE-PROJECT SELLING APARTEMEN THE ASPEN PEAK RESIDENCE (PUTUSAN NO. 390/PDT.G/2017/PN.JKT.SEL) Sarah Anissa Rahmayanti; Anda Setiawati
Reformasi Hukum Trisakti Vol 3 No 4 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i2.13608

The practice of pre-project selling is widely used by development actors by being tied to the PPJB. However, problems arose, especially PPJB violations which led to lawsuits in court. In this study, the authors question whether the pre-project selling that is bound by the PPJB is in accordance with the applicable legal provisions and whether the judge's considerations in decision No. 390/Pdt.G/2017/PN.Jkt.Sel which stated that the default developer was correct. To answer these problems, research was carried out using normative juridical research types based on secondary data and the nature of the research was analytical descriptive with inductive conclusions drawn. From the analysis that has been carried out, the results of the research show that there is a discrepancy between the pre-project selling of The Aspen Peak Residence Apartment and the requirements of Articles 42 and 43 of the UURS, especially the conditions for certainty over land rights and matters agreed upon. Then the judge's decision stating that the developer was in default, the decision was correct because the developer was proven to have committed a default or violated the obligation to hand over two units of The Aspen Peak Residence Apartment.

MASALAH KETERLAMBATAN PENANDATANGAN AJB DAN PENYERAHAN UNIT APARTEMEN REGATTA (STUDI PUTUSAN NO. 573/PDT.G/2020/PN JKT.UTR) Sheira Maghfira Maulani Utami; Anda Setiawati
Reformasi Hukum Trisakti Vol 3 No 3 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i3.13856

Marketing of flats before the construction is completed is done by many developers. Generally, marketing is preceded by a legal bond as outlined in the PPJB. In practice, many problems occur where developers do not fulfill their obligations as stated in the PPJB and as a result prospective buyers file a default lawsuit to the court. The formulation of the problem regarding whether the default lawsuit filed by prospective buyers of the Regatta Apartment is in accordance with applicable legal provisions and whether the judge's consideration in Decision No. 573/Pdt.G/2020/PN Jkt.Utr is in accordance with the provisions of the law. Normative juridical research method which is descriptive analytical and the conclusion is drawn inductively, secondary data (library data) only. The results of the research, discussion and conclusion are that the default lawsuit filed by the prospective buyer is appropriate because the developer's actions that violate Article 5.1 of the PPJB include acts of default. For the consideration of the judge who stated that the developer was in default in accordance with the provisions of the law because the developer was proven not to have carried out his obligations to make AJB in front of PPAT and to deliver Regatta apartment units to prospective buyers.

MASALAH PENGENAAN IURAN PENGELOLAAN LINGKUNGAN DI APARTEMEN MANGGA DUA COURT: The Problem Of Imposing Environmental Management Fees At Mangga Dua Court Apartment Zifanya Kesysha Ramadhani; Anda Setiawati
Reformasi Hukum Trisakti Vol 6 No 1 (2024): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i1.19486

Living in apartment will burdened with obligation to pay Environmental Management Fees. In several cases, developers who previously PPPSRS administrators are unwilling to pay fees if their management has transferred to new administrators from apartment owners. Consequently, issue of fees withdrawal leads to disputes in court. The problem in this research is what the basis for the imposition of fees at the Mangga Dua Court Apartment and whether the judge's consideration in decision No. 190/Pdt.g/2021/PN Jkt.Utr which ordered PT Duta Pertiwi to pay fees is in line with the provisions of the law. Research method uses a type of normative legal research by using secondary data obtained trough library research by descriptive research. The results of the research by the judges of the North Jakarta District Court in decision number 190/Pdt.G/2021/PN Jkt. Utr stated that PT. Duta Pertiwi's actions were acts default for violating the bylaws of the Mangga Dua Court Apartment and the authority to withdraw fees in PPPSRS management or Management Board appointed by the PPPSRS based on PPSRS bylaws. Conclusion, avoiding similar things, it is better for apartment owners and residents to carry out their obligations and fulfill the provisions in the PPPSRS by laws.

KESELAMATAN KERJA PADA KARYAWAN PT. E STRONG NUSANTARA MANDIRI Pamungkas, Yogo; setiawati, Anda; Achdianto; Yoga Pamungkas
Jurnal AKAL: Abdimas dan Kearifan Lokal Vol. 5 No. 2 (2024): Jurnal AKAL : Abdimas dan Kearifan Lokal
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/akal.v5i2.20592

Workforce protection is important because work safety will also greatly affect work productivity and also lead to company profits. Comfortable work activities from workers will also make the quality of work relationships higher. Worker satisfaction is related to variables such as role conflict, turnover intentions and results and so much work has been done in organizational management. PT. E Strong Nusantara Mandiri is a company engaged in the chemical sector with workers who carry out their activities directly related to chemicals. Therefore, knowledge about Occupational Health and Safety is very important. The problem raised is how to provide knowledge to workers at PT. E Strong Nusantara Mandiri about the importance of occupational safety and health and how to provide awareness to implement occupational safety and health for workers at PT. E Strong Nusantara Mandiri. The method of implementing this activity begins with identifying the problem by conducting an interview with the director of PT. E strong Nasusantara Mandiri. The data from the interview results are analyzed as a basis for formulating the form and technical implementation of the activity. The formulation of the activity is then made into a proposal to obtain adequate support from the Community Service Institution and PT. E Strong Nusantara Mandiri. In the implementation of the extension activity, the lecture, discussion and simulation methods are used. Finally, an incidental consultation is held. The results of this activity are that workers at PT. E Strong Nusanatara Mandiri do not yet understand about Occupational Health and Safety so that this activity provides significant input for workers

DISRUPTION EVENTS SEBAGAI PERISTIWA YANG TAK TERDUGA DALAM PELAKSANAAN KEWAJIBAN KONTRAKTUAL Sugiastuti, Natasya Yunita; Hertanto, Ari Wahyudi; Setiawati, Anda; Wijaya, Agung; Putra, Ghayana Aditya
Jurnal Hukum & Pembangunan Vol. 54, No. 2
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

An agreement creates an obligation, which is a legal relationship between the parties. If one party fails to fulfill its duties to the other party as promised, it is considered a breach of contract by one party against the other. One of the external factors that disrupt contract execution is a disruption event. In contrast to the concepts of force majeure and hardship, which have been acknowledged in Indonesian law, the argument of disruption events has not been recognized, even in the context of legal literature. However, in certain contracts with extended durations, the concept of disruption event has been incorporated into the creation of an accidental provision. This accidental provision is intended to address unforeseen events that may impair the contract's implementation. Given the importance of regulating disruption events in the agreement clause to anticipate the legal consequences that arise if an event occurs that disrupts the implementation of the contract, this research raises two issues: 1) What is the nature or essence of a disruption event? and 2) How is the formulation of an anticipatory disruption event clause in the contract? As a result of the research, it can be concluded that a disruption event is an unpredictable event that significantly impacts the industry and business. 2) A disruption event clause must at least contain information about the following: the definition of a disruption event, the scope or limits of a disruption event, the obligation to notify the affected party of a disruption event, the legal effects of a disruption event on contractual obligations and on the relationship between contractors, and the possibility of negotiation.

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

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.

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