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All Journal Syiar Hukum: Jurnal Ilmu Hukum Journal of Law and Legal Reform
Yuniyanti, Salma Suroyya
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Law, Crime, Criminology & Criminal Justice

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Dynamics of The Formation of The Association of Owners And Residents of Apartment Units In The Management of Commercial Flats (Apartments) Yuniyanti, Salma Suroyya; Abidin, Muhammad Ilman
Syiar Hukum Volume 22, No 1 (2024) : Syiar Hukum : Jurnal Ilmu Hukum
Publisher : Fakultas Hukum, Universitas Islam Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29313/shjih.v22i1.13749

Abstract

The purpose of the state administration is to realize a just and prosperous community life by meeting the needs of everyone entitled to a habitable residence as stipulated in Article 28h of the 1945 Constitution. To meet the housing needs, the government issued Law No. 20 of 2011 on flats. The basic philosophy of Law No. 20 of 2011 on flats as the executor of Agrarian Basic Law for the greatest prosperity of the people. However, in practice, it still raises legal issues regarding the management of commercial flats. The purpose of the study is to assess the workings of the application of law in the rules of management of flats in Indonesia. The results of the analysis obtained the difference in the meaning of Article 59 paragraph (2) with an explanation of Article 59 paragraph (1) of Law No. 20 of 2011 regarding the meaning of the unclear and the existence of multiple interpretations. This is due to a dispute between the developers and the owners and residents because of the legal provisions referred to in the management of commercial flats. Development actors are always stalling to facilitate the formation of the Association of Owners and residents of apartment units. Thus, causing legal uncertainty for residents and apartment unit owners in the management of flats.
Enhancing Legal Certainty for Consumers in Apartment Unit Trade: A Comparative Analysis of Dispute Settlement Agreements in Indonesia and the Netherlands Yuniyanti, Salma Suroyya; Siska, Frency; Dian, Azni binti Mohd
Journal of Law and Legal Reform Vol. 5 No. 1 (2024): Contemporary Global Issues on Law Reform, Legal Certainty, and Justice
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.vol5i1.2159

Abstract

The purpose of this study is to analyze the dispute settlement binding Trade Agreement (PPJB) unit flats through litigation in Indonesia compared to the Netherlands and to analyze the reconstruction of the law in dispute resolution PPJB in Indonesia to provide legal certainty. The main problem in this paper is that the dispute resolution of the binding Trade Agreement in Indonesia has not provided legal certainty due to court decisions that are difficult to implement due to weak supervision. This research method is normative research with a comparative approach. The urgency of this study is that 276 PPJB disputes in Indonesia are resolved through the courts are difficult to implement. The novelty of this study lies in the researchers ' efforts to reconstruct the law of flats, especially in the implementation of PPJB dispute court decisions. The results showed PPJB dispute settlement unit flats through litigation, experienced obstacles in the application of the judge's ruling, which won the consumer as the injured party. The obstacles to the application of the ruling do not provide legal certainty for consumers. In the Netherlands, the settlement of flat sale and purchase disputes is carried out through non-litigation channels that are more effective in providing legal certainty. Legal reconstruction in PPJB dispute resolution in Indonesia to provide legal certainty that is to accommodate the provisions of supervision for putting the court's decision into action or arbitration decisions in PPJB dispute resolution, as outlined in the provisions of Article 105 of the flats law.
Co-Authors Dian, Azni binti Mohd Muhammad Ilman Abidin