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All Journal Novum : Jurnal Hukum Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences
Narendra, Bagas Putra
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Religion Arts Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Tinjauan Yuridis Terkait Kewajiban Pelaku Pembangunan Rumah Susun Komersial Dalam Menyediakan Rumah Susun Umum Narendra, Bagas Putra
NOVUM : JURNAL HUKUM Vol 8 No 1 (2021)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v8i1.35605

Abstract

The limitation of the area make construction was carried vertically. One of the ways to resolve is to undertake the construction of public houses flats and commercial houses flats that carried out by the doer of the construction of houses flats. Public houses flats are intended for low-income people while the flats of the commercial house are for profit. However, the provision regarding the area of public flats of at least 20% of the total area of commercial house flats as an obligation of business the doer to construct public flats as stipulated in Article 16 paragraph (2) of the Law on Flats has not provided legal certainty regarding the period for providing public flats for places living Low Income Community (MBR). This study aims to understand and analyzed the determination of a public flat area of at least 20% of the total commercial flat area, as an obligation of the doer in the construction of commercial flats related to Article 16 paragraph (2) of the Law on Flats and to analyze the statutory regulations related to obligations the construction of commercial flat by the doer of the construction of commercial flat to provide legal certainly regarding the period for providing public flats so as not to cause a legal vacuum in regulation and implementation. The research was a normative juridical with data collection through a literature study. A literature study in research was obtained from primary legal materials, secondary legal materials, and non-legal materials. The method used in this research was descriptive and argumentatif techniques. The result showed that the 20% floor test common flats was carried out when the commercial flats were completed, calculated on the total floor area. This determination uses KLB, KDB method, and reviewed according to the RP3KP in each region. In each region, it has not carried out maximum public flats construction, because the Regional Regulation concerning the determination of the floor area of public flats has not been understood by the Regional Government. Legal Certainty related to the provision of public flat commercial flat has not provided legal certainty for its application in the field. Efforts were made to obtain legal certainty by updating Regional Regulations in each region and it is hoped that Real Estate Indonesia (REI) can support the Government’s efforts in providing adequate housing for MBR. Keywords : Houses flats, Obligation, Doer of the construction
Dispute of Former Building Use Rights Decision Number 2204 K/Pdt/2018/PN Smg Narendra, Bagas Putra; Putri, Sarah Hasnanda; Mulia, Sheilla Siartha
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 4, No 4 (2021): Budapest International Research and Critics Institute November
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i4.3012

Abstract

The purpose of this study was to analyze the dispute over the former Building Use Rights (HGB) Decisions 2204 K/Pdt/2018/PN Smg, by analyzing how the status of former HGB land is disputed and the legal consequences of the expiration of HGB and the steps that can be taken so that the certificate remains valid. This research is a normative research. Where the normative juridical approach is research that uses library materials or secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials as the main legal materials. Research result showed that the court rejected the cassation request from the LANNE TEDJAWINATA Cassation Petitioner, and punished the Cassation Petitioner to pay court fees at this level of cassation in the amount of Rp. 500,000.00 (five hundred thousand rupiahs). On the basis of this decision, the control over the object of dispute by the defendants is not an act against the law, because the land of the object of dispute is state land controlled by the defendants. The legal consequences of a dispute over a former HGB within a certain period of time is that the right to lose its rights due to expiration, i.e. if the party who has controlled the land for a certain period of time and the land becomes state land, the party who controls the land can submit an application for the land to the agency which has the authority to fulfill the conditions determined by the applicable regulations in accordance with Presidential Decree No. 32 of 1979. Former Western land converted into HGB deadline for 20 years since UUPA, so that in 1980 HGB was expired and the land became state land.
Tinjauan Yuridis Terkait Kewajiban Pelaku Pembangunan Rumah Susun Komersial Dalam Menyediakan Rumah Susun Umum Narendra, Bagas Putra
NOVUM : JURNAL HUKUM Vol. 8 No. 01 (2021): Novum : Jurnal Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v8i1.35605

Abstract

Co-Authors mulia, sheilla siartha Putri, Sarah Hasnanda