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Journal : LEGAL BRIEF

Implications and Validity of the Association of Owners and Residents of Flats Units in Hotel Condominiums Beatrix Tanjung; I Made Pria Dharsana
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

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Abstract

Normatively, the implementation of flats with the concept of hotel condominiums (condotels) has not been regulated. However, in practice as in Decision No. 34/Pdt.G/2021/PN.Bgr it is stated that the implementation of condotels refers to the provisions of Law Number 20 of 2011 (Flats Law). In its management, condotels are managed by a hotel operator appointed by the developer based on an agreement with the condotel owner. This is a problem when a condotel is managed by a legal entity that is a hotel operator and not by the Association of Owners and Residents of Flats Units (PPPSRS) as mandated in the Flats Law. In this article, we will discuss, how the legal implications for the formation of condotel PPPSRS and the validity of the appointment of a hotel operator who replaces the authority of PPPSRS on Le'eminence condotels based on the Agreement for the Management and Operation of Condotel Unit Stacking Units based on Decision No. 34/Pdt.G/2021/PN.Bgr. This article concludes, PPPSRS on condotels still refers to the Flats Law whose arrangements are specifically regulated in PERMENPUPR 23/2018 which currently has changed to PERMENPUPR 14/2021 and the appointment of a hotel operator, namely PT EHS, which replaces the PPPSRS authority on the Le'Eminence condotel based on the Agreement for the Management and Operation of the Condotel Unit Flats is contrary to Article 1 number 22 of the Flats Law and Article 23 paragraph (3) of PERMENPUPR 23/2018.
The Position of the Departing Child Leaving His Parents in Inheritance According to Western Inheritance Law (Case Study of Surakarta District Court Decision Number 70/Pdt.G/2018/PN Skt) Margareth; I Made Pria Dharsana
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (298.159 KB)

Abstract

In Indonesia, there are no rules governing the termination of the relationship between parents and children, but the termination of the inheritance relationship between parents and children due to certain reasons is regulated in the Civil Code. In civil inheritance law, when a parent dies, the child is the heir of the parents, but if the child commits an inappropriate act as stipulated in Article 838 of the Civil Code, he is excluded from inheritance. In this study, to examine the position of children who leave their parents in inheritance according to western inheritance law based on the decision of the Surakarta District Court Number 70/Pdt.G/2018/PN Skt. The background of this research is that parents break the relationship and exclude their children from inheritance because they feel hurt and disappointed with children who leave their parents for 21 (twenty one) years. Based on the results of the research, it can be understood that in inheritance according to western inheritance law, it does not determine the legal consequences of the breakup of the parent-child relationship, the child will continue to inherit if he does not fulfill the reasons for inappropriate inheritance as regulated in Article 838 of the Civil Code.
Co-Authors A. A. Sagung Laksmi Dewi Alfian Anditya Anak Agung Sagung Laksmi Dewi Anastasya Triastutie P.S. Ardanari, Ni Made Novia Surya Asriwijaya, Desak Rai Kutha Ayu Mega Rakhmawati Azhar, Najwa Nashifa Beatrix Tanjung BUDIARTA, I Putu Nyoman Desak Putu Kania Pratiwi Desak Rai Kutha Asriwijaya Fajar Fajar I Dewa Gede Palguna I Gusti Agung Ayu Gita Pritayanti Dinar I Gusti Agung Jordi I Gusti Ngurah Agung Putra Tenaya I Made Aditya Mantra Putra I Made Aditya Mantra Putra I Made Ardena I Made Arjaya I Made Setiasa I Nyoman Gede Sugiartha I Nyoman Gede Sugiartha I Nyoman Gede Sugiartha I Nyoman Putu Budiartha I Nyoman Putu Budiartha I Nyoman Putu Budiartha I Nyoman Sirtha I Nyoman Sukandia I Nyoman Sumardika I Putu Lingga Dhananjaya I Wayan Sujana I Wayan Wesna Astara Ida Ayu Ide Dinda Paramita Indrasari Kresnadjaja Indrasari Kresnadjaja Indrasari Kresnadjaja Indrasari Kresnadjaja Indrasari Kresnadjaja Jasmine, safira Yuvika Ketzia Stephanie Edine Siallagan Kresnadjaja, Indrasari MADE FERRARI , John Mahawira, Made Dananjaya Margareth N. Nurnaningsih Ni Kadek Erna Dwi Juliyanti Ni Made Puspasutari Ujianti Ni Putu Indianita Cahyanti Nurnaningsih Nurnaningsih Putra, Gede Bagus Andika Putu Ayu Sriasih Wesna Putu Budiartha, I Nyoman Putu Kharisa Pramudya Putu Lingga Dhananjaya Rizky Mustika Rizky Mustika Rini Rizky Mustika Rini Selly Masdalia Pertiwi Senastri, Ni Made Jaya Setiawan, Eileen Gani Sujana, I Nyoman Thioris, Tamara Ratnasari UTAMI, I Dewa Ayu Listari WAHYUNINGSIH, Dewa Ayu Trisna Yotia Jericho Urbanus