Karmila Karmila
Fakultas Hukum, Universitas Lakidende Unaaha

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TINJAUAN HUKUM TANGGUNG JAWAB DEVELOPER TERHADAP PEMENUHAN HAK KONSUMEN PERUMAHAN Karmila Karmila
Lakidende Law Review Vol. 1 No. 1 (2022): DELAREV (APRIL)
Publisher : Fakultas Hukum Universitas Lakidende

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (249.915 KB) | DOI: 10.47353/delarev.v1i1.3

Abstract

The form of implementation of the developer's responsibility towards fulfilling the rights of BTN housing consumers are as follows: the right to obtain information, the right to obtain good housing construction, the right to obtain public facilities provided directly by the developer and the right to obtain insurance coverage. The settlement efforts taken by the consumer and business actors in resolving the problems faced by the consumer are carried out through non-litigation or amicable legal settlements carried out by both parties. This research uses the type of empirical normative research. The type of normative research is a type of research that emphasizes the study of legal science and seeks to examine the applicable legal rules. The results in this study are the form of implementing the developer's responsibility for fulfilling the rights of BTN housing consumers as follows: the right to obtain information, the right to obtain good housing construction, the right to obtain public facilities provided directly by the developer and the right to obtain insurance coverage.
PERLINDUNGAN HUKUM BAGI PEMEGANG HAK GADAI BERDASARKAN HUKUM ADAT TOLAKI DI KECAMATAN WAWOTOBI KABUPATEN KONAWE Ni Nyoman Triana Suskendariani; Karmila Karmila
Lakidende Law Review Vol. 1 No. 1 (2022): DELAREV (APRIL)
Publisher : Fakultas Hukum Universitas Lakidende

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (269.522 KB) | DOI: 10.47353/delarev.v1i1.4

Abstract

Legal certainty of a land pawn agreement carried out using customary law in the Tolaki community is guaranteed by the customary law concerned because the dispute resolution that occurs is also resolved through a customary court, and the existence of the decision of the customary court that binds the disputing parties in addition to the application of strict sanctions in dispute resolution. In addition, the existence and existence of customary law is also supported by the provisions of the applicable legislation, which can be seen in Law Number 4 of 2004 concerning The provisions of the Basic Provisions of Judicial Power, in Article 28 paragraph (1) which states "Judges are obliged to explore, follow, and understand legal values ​​and a sense of justice that live in society". The decision issued by the court in case Number: 13/Pdt.G/2013/PN.Unh did not take into account the decision of the customary court on the grounds that the case would be processed in accordance with the applicable positive law and no attempt was made by the plaintiff to withdraw his lawsuit even though a customary trial has been carried out and the customary court has issued its decision.