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All Journal Journal of Science and Education (JSE) International Journal of Educational Review, Law And Social Sciences (IJERLAS) Jurnal Multidisiplin Madani (MUDIMA)
Imam Kuswahyono
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Religion Humanities Automotive Engineering Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Physics Social Sciences Other

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Legal Education for Property Consumers: Risk Analysis of the Pre-Project Selling System in the Case of Developer Adhiland Sahlan Roy Martua Hasibuan; Imam Kuswahyono; D Djumikasih
Journal of Science and Education (JSE) Vol. 6 No. 1 (2025): Journal of Science and Education (JSE) IN PRESS
Publisher : CV. Media Digital Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58905/jse.v6i1.564

Abstract

This research analyzes the legal implications and consumer protection in the purchase of boarding houses with Pre Project Selling (PPS) system by Developer Adhiland in Malang. The juridical-sociological empirical method reveals discrepancies between Adhiland's practices and the Consumer Protection Law and PUPR Regulation, which require developers to fulfill requirements such as IMB, land ownership, and a minimum development progress of 20%. The findings show that Adhiland often violates these provisions, such as the absence of IMB and the unclear schedule of the sale deed, which creates legal uncertainty and the risk of default. Consumers have the right to seek redress through BPSK (mediation/arbitration) or litigation, although the court route is rarely chosen due to its complexity and high cost. The research concluded three critical points: 1) Adhiland is operating PPS in a non-compliant manner, 2) Violations are potentially subject to administrative/criminal sanctions, and 3) Buyers can file a lawsuit despite facing procedural obstacles. Recommendations The research emphasizes two aspects: first, stricter government oversight of PPS practices, including verification of permits and development progress. Second, educating buyers about their legal rights to prevent losses. These findings are relevant as material for evaluating property consumer protection policies.
APPLICATION OF ARTICLE 42 PARAGRAPH (4) PP NO. 24 OF 1997 CONCERNING REGISTRATION OF TRANSFER OF RIGHTS DUE TO INHERITANCE IN THE EVENT OF AN INHERITANCE DISTRIBUTION IN MALANG RAYA Intan Tresna Sari Rosita; Imam Kuswahyono; Hariyanto Susilo
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 2 (2023): March
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v3i2.1091

Abstract

The problem of transitional registration is one example of a land case that often occurs. Registration of transfer of rights due to inheritance is currently not understood equally by the government, especially in the implementation of registration of transfer of rights due to direct inheritance with the deed of distribution of inheritance. For this reason, this paper will try to conduct a legal study regarding effectivenessArticle 42 paragraph (4) Government Regulation Number 24 of 1997 concerning Land Registration, as the legal basis for carrying out transitional registration at Land Offices throughout Malang Raya. This paper uses the socio-legal method with an empirical and normative approach. The results showed that the registration of the transfer of rights due to direct inheritance with the deed of distribution of inheritance based on Article 42 paragraph (4) of Government Regulation Number 24 of 1997 concerning Land Registration did not work effectively at the Land Office in Malang Raya. There are several reasons, first, administrative habits that have been carried out in this wayfirst transfer of inheritance to all heirs based on a Statement of Heirs, then transfer to one of the heirs based on APHB. Second, the record problem. Third, the problem of local taxes that will be reduced.The ineffectiveness of this article can harm interested parties because it can be detrimental in terms of time and costs when registering the transfer of rights due to inheritance.
Application of Registration of Transfer of Rights Due to Direct Inheritance with Deed of Distribution of Inheritance (Study at Land Offices Throughout Malang) Intan Tresna Sari Rosita; Imam Kuswahyono; Hariyanto Susilo
Jurnal Multidisiplin Madani Vol. 3 No. 6 (2023): June, 2023
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/mudima.v3i6.4362

Abstract

The problem of transitional registration is one of the typologies of land cases that often occurs. Registration of transfer of rights due to inheritance is currently not understood equally by the government, especially in the implementation of registration of transfer of rights due to direct inheritance with the deed of distribution of inheritance. For this reason, this paper will try to conduct a legal study regarding the effectiveness of Article 111 paragraph (5) of the ATR/Ka.BPN Regulation Number 16 of 2021 as the legal basis for carrying out transitional registration at Land Offices throughout Malang Raya. This paper uses the socio-legal method with an empirical and normative approach. The results of the research show that the registration of the transfer of rights due to direct inheritance with the deed of distribution of inheritance based on Article 111 paragraph (5) of Permen ATR/Ka.BPN 16 of 2021 is not effective at the Land Office in Malang Raya. There are several reasons, first, administrative habits that have been carried out by transferring inheritance first to all heirs based on the Declaration of Heirs, then transferring to one of the heirs based on APHB. Second, the record problem. Third, the problem of local taxes that will be reduced. The ineffectiveness of this article can harm interested parties because it can be detrimental in terms of time and costs when registering the transfer of rights due to inheritance
Co-Authors D Djumikasih Hariyanto Susilo Intan Tresna Sari Rosita Sahlan Roy Martua Hasibuan