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All Journal Jurnal Civics: Media Kajian Kewarganegaraan JOURNAL of LEGAL RESEARCH
Hasani, Ismail
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Undelivered constitutional justice? Study on how the decisions of the Constitutional Court of the Republic of Indonesia are executed Hasani, Ismail; Halili, Halili; Balakrishnan, Vishalache
Jurnal Civics: Media Kajian Kewarganegaraan Vol 19, No 1 (2022)
Publisher : Universitas Negeri Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21831/jc.v19i1.48378

Abstract

The constitutional design of the institution of the Constitutional Court (MK), as the guardian and the sole interpreter of the Constitution, is to ensure and guarantee the supremacy of the Constitution, constitutional compliance, and to bestow constitutional justice for citizens in the practice of Indonesian administration. However, the reality of the Indonesian state administration shows that there is still disobedience or neglect of the judicial review decision produced by the Constitutional Court. This paper aims to analyze how the Constitutional Court's decision is executed and offer the alternatives to overcome non-compliance with the decision or ensure follow-up on the Constitutional Court's decision in the judicial reviews. This research is normative legal research using a statutory approach, comparison, and conceptual approach. This study's results indicate a constitutional evil in the form of neglect or disobedience to the decision. In that context, institutional improvements that can be adopted are needed to strengthen collective adherence to the supremacy of the Constitution. The three alternatives offered by this article are the amendment of the Constitution, the granting of flexibility to the PUU of the Constitutional Court, and the establishment of a Special Directorate at the Ministry of Law and Human Rights
Perlindungan Hukum Terhadap Pemilik Kondominium Atas Pailitnya PT. Dwimas Andalan Bali Sebagai Pengembang Mulyawan, Kiasnabila; Hasani, Ismail; Alam, Faris Satria
JOURNAL of LEGAL RESEARCH Vol 6, No 1 (2024)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v6i1.33232

Abstract

The bankruptcy of a developer company often directly impacts condominium owners who have made a sale and purchase transaction, in the case of the bankruptcy of PT. Dwimas Andalan Bali condominium owners experience legal protection because the units that have been purchased are included in the bankruptcy estate. This study analyzes the developer's responsibility towards consumers in bankruptcy conditions and the legal status of condominium objects that are part of the bankrupt assets. The method used is normative legal research with a case approach focusing on the Supreme Court Decision Number 437 K / Pdt. Sus-Pailit / 2019. The study results show that in bankruptcy conditions, developers still have legal obligations to consumers who have fulfilled their achievements in the sale and purchase transaction. Based on Article 36 of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, consumers have the right to submit a request to the curator to ensure the process of extending condominium ownership rights to the Deed of Sale and Purchase (AJB) stage. Consumers are entitled to compensation or damages if these obligations are not met. In the case of developer bankruptcy, consumer rights must still be protected through available legal mechanisms, either through an application to the curator or other legal efforts. Therefore, it is necessary to strengthen legal protection for consumers so that they are not harmed in bankruptcy-related property transactions.
Perlindungan Hukum Terhadap Pemilik Kondominium Atas Pailitnya PT. Dwimas Andalan Bali Sebagai Pengembang Mulyawan, Kiasnabila; Hasani, Ismail; Alam, Faris Satria
JOURNAL of LEGAL RESEARCH Vol. 6 No. 1 (2024)
Publisher : UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v6i1.33232

Abstract

The bankruptcy of a developer company often directly impacts condominium owners who have made a sale and purchase transaction, in the case of the bankruptcy of PT. Dwimas Andalan Bali condominium owners experience legal protection because the units that have been purchased are included in the bankruptcy estate. This study analyzes the developer's responsibility towards consumers in bankruptcy conditions and the legal status of condominium objects that are part of the bankrupt assets. The method used is normative legal research with a case approach focusing on the Supreme Court Decision Number 437 K / Pdt. Sus-Pailit / 2019. The study results show that in bankruptcy conditions, developers still have legal obligations to consumers who have fulfilled their achievements in the sale and purchase transaction. Based on Article 36 of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, consumers have the right to submit a request to the curator to ensure the process of extending condominium ownership rights to the Deed of Sale and Purchase (AJB) stage. Consumers are entitled to compensation or damages if these obligations are not met. In the case of developer bankruptcy, consumer rights must still be protected through available legal mechanisms, either through an application to the curator or other legal efforts. Therefore, it is necessary to strengthen legal protection for consumers so that they are not harmed in bankruptcy-related property transactions.
Co-Authors Alam, Faris Satria Balakrishnan, Vishalache Mulyawan, Kiasnabila