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M. Ridjal Adelansyah Syam
Universitas Hasanuddin

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Subjek Hukum Kegiatan Pengelolaan Rumah Susun Bukan Hunian: Pasar Sentral Ujung Pandang M. Ridjal Adelansyah Syam; Farida Pattitingi; Sri Susyanti Nur
SIGn Jurnal Hukum Vol 4 No 1: April - September 2022
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v4i1.186

Abstract

This study examines and analyzes the legal subject of the Ujung Pandang Central Market management activities, which are treated as Non-Residential Condominium buildings based on Law No. 20 of 2011. This research combines normative juridical and empirical research methods. The primary data were collected using direct interviews, while the secondary data was collected using literature study techniques. The data obtained in this research were then analyzed qualitatively. The results show that the legal subject of the Ujung Pandang Central Market management activities, which are treated as Non-Residential Condominium buildings, must be held by PPPSRS based on Article 59 of Law No. 20 of 2011. In this case, if PPPSRS has not been established, then PT. MTIR must establish PPPSRS no later than one year from the first delivery of the condominium unit to the owner. However, until now, PPPSRS has not been established and established by PT. MTIR. So strictly speaking, PT. MTIR deviated from its obligations in implementing Law No. 20 of 2011. Therefore, it is recommended that the Makassar Municipal Government re-evaluate the involvement of PT. MTIR as Holder of The Right to Build for Ujung Pandang Central Market. In addition, it is recommended to PT. MTIR to comply with Article 59 of Law No. 20 of 2011 by establishing PPPSRS. Furthermore, it is hoped that law enforcement and the Regional House of Representatives of Makassar Municipal will protect the interests of traders so that PPPSRS is established as a legal subject for the Ujung Pandang Central Market management activities.
Status dan Kedudukan SHM Satuan Rumah Susun Pasca Kebakaran: Pusat Perbelanjaan Makassar Mall M. Ridjal Adelansyah Syam; Abd. Kahar Muzakkir
SIGn Jurnal Hukum Vol 4 No 2: Oktober 2022 - Maret 2023
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v4i2.218

Abstract

This study will examine and analyze the status and position of the SHM of Condominium Units in the building Blok-A of Makassar Mall after a fire. This research combines normative juridical and empirical research methods. The primary data were collected using direct interviews, while the secondary data was collected using literature study techniques. The data obtained in this research were then analyzed qualitatively. The results show that the SHM of Condominium Units in building Blok-A of Makassar Mall is still in the status quo. Meanwhile, the fire phenomenon and implementation of the construction of the new building Blok-A of Makassar Mall cannot be qualified as a requirement for the removal of the SHM of Condominium Units. In this case, implementing that construction is a form of PT. MTIR’s obligation to the Makassar Municipal Government based on the agreement held under the BOT system. In contrast, PT. MTIR made efforts to usurp the rights owned by traders as holders of SHM of Condominium Units in the building Blok-A of Makassar Mall. Therefore, it is recommended that the Makassar Municipal Government re-evaluate the involvement of PT. MTIR as the Holder of the Right to Build for Makassar Mall Shopping Center. In addition, it is recommended that PT MTIR register for the transfer of the right based on Government Regulation No. 24 of 1997 if they continue to impose their will to become the holder of the SHM of Condominium Units in building Blok-A of Makassar Mall. Furthermore, it is recommended that law enforcement agencies conduct investigations related to the Collaboration Agreement No. 44/511.2/SP/HK along with the accompanying addendums. In this case, traders must get legal certainty and protection as holders of SHM of Condominium Units in the building Blok-A of Makassar Mall.