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Journal : Widya Yuridika

Perizinan Sempadan Sungai Terhadap Usaha Rumah Makan Terapung Khalik, Widya Dwi Erika Idham; Saleng, Abrar; A.Sapiddin, Andi Syahwiah
Widya Yuridika Vol 6, No 3 (2023): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v6i3.4609

Abstract

This study aims to analyze the arrangements related to the utilization of the river riparian which is used as a restaurant business in the Tello Baru Sub-District, Makassar City and to analyze the form of government supervision of the implementation of river riparian utilization permits in the Tello Baru Sub-District, Makassar City. This research is an empirical research, where the data is qualified as primary and secondary data. Primary data was obtained through interviews, and secondary data was obtained through literature studies. The data collected is then processed using a qualitative analysis approach.The results of the study show that the utilization of river banks which are used as a restaurant business in Tello Baru Village, Makassar City is not in accordance with the Decree of the Minister of PUPR Number 1559/KPTS/M/2020 which states that river banks can only be used for certain activities and certain buildings, which include: Buildings natural resources infrastructure, bridge and wharf facilities, gas and drinking water pipelines, electrical and telecommunication cable stretches, other activities as long as they do not interfere with the function of the river, including activities to plant vegetables, and electricity buildings. So that the use of the Tello River opportunity for floating restaurant activities can be said to not realize orderly spatial planning. And then the form of government supervision of the implementation of river riparian utilization permits in Tello Baru Village, Makassar City is felt to be lacking, in this case the Pompengan Jeneberang River Basin Center (BBWS) as the vanguard of the Ministry of PUPR as the guardian of Law No. 17 of 2019 concerning Water Resources is considered to be still not active in monitoring the abuse of the Tello River border area resulting in violations of the use of the river border. as it is now. The Pompengan Jeneberang River Basin Center (BBWS) is considered to be lacking in coordination and cooperation with the City Government and Village Governments through which the Tello River passes.
Ketidaksesuaian Penyampaian Harga Tanah: Tanggung Jawab Pejabat Pembuat Akta Tanah Afifah, Salwah Nur; Saleng, Abrar; Nur, Sri Susyanti
Widya Yuridika Vol 6, No 3 (2023): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v6i3.4589

Abstract

This study aims to analyze the PPAT's responsibility for the land sale and purchase deed he made in the event that the parties do not convey the actual land price and analyze the validity and consequences that will arise if the land sale and purchase deed does not include the actual land price. This research is normative research, where in this research the subject matter of the study is in the form of the application of normative law in action to any particular legal event that occurs in society. The results of the study show that if the PPAT knows that the price entered by the parties is included in the sale and purchase agreement, the PPAT must refuse to make the sale and purchase deed. In addition, it is mandatory for PPAT as an extension of the government to play an active role in providing counseling or guidance to prospective buyers and sellers not to reduce the actual price of the land sale and purchase price between them. Then regarding the validity and consequences that will arise in the future if the land sale and purchase deed does not include the actual price of the land and without the PPAT knowing as the maker, it can result in the land sale and purchase deed (authentic deed) degrading its evidentiary power to a private deed because it has been made with ways that deviate or are not in accordance with procedures both materially and formally. And it is possible that in the future it will be discovered that the price stated in the land sale and purchase deed is incorrect, so there is a possibility that the parties (seller and buyer) may be entangled in Article 266 paragraph (1) of the Criminal Code.