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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 : Faculty of Law, Universitas Trisakti

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

Abstract

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.
Asean Paradox: Between Asean's Commitment to Migrant Worker Protection and the Protection of Indonesian Migrant Workers Pamungkas, Yogo; Setiawati, Anda; Yurikosari, Andari; Fauzan, Mohamad
Eduvest - Journal of Universal Studies Vol. 5 No. 12 (2025): Eduvest - Journal of Universal Studies
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/eduvest.v5i12.52549

Abstract

ASEAN has created various instruments to protect migrant workers, such as the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers (2007) and the ASEAN Consensus on the Protection and Promotion of the Rights of Migrant Workers (2017). However, despite these regional commitments, Indonesian migrant workers (PMI) continue to face exploitation, discrimination, and inadequate legal protection. This study aims to evaluate the effectiveness of ASEAN instruments in protecting migrant workers by analyzing the gaps between regional policies, national regulations, and bilateral agreements. Using a qualitative approach with document analysis, this research examines ASEAN instruments, Indonesian regulations, and bilateral agreements to identify implementation challenges, problems, and possibilities. The results show that ASEAN's ineffectiveness stems from the inadequate binding force of the instruments, lack of enforcement mechanisms, weak coordination among member states, and minimal participation of migrant workers in the policy process. These findings demonstrate significant disparities between stated commitments and actual protection outcomes for Indonesian migrant workers. This research makes theoretical contributions by enriching the literature on regional governance and practical implications by offering policy recommendations to strengthen the protection of migrant workers in the ASEAN region.