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IMPLEMENTASI HUKUM PERUMAHAN SEBAGAI USAHA PERCEPATAN PENGADAAN RUMAH BAGI MASYARAKAT YANG BERPENGHASILAN RENDAH (MBR) Sihotang, Sudiman
DERECHTSSTAAT Vol 2, No 1 (2016): JURNAL HUKUM DERECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v2i1.659

Â In the preamble of the two basic considerations Act No. 1 of 2011 on Â Housing Â and Â Region Settlements (Act PKP "That the state is Â responsible for protecting Â all Indonesian Â citizens through the Â implementation of housing and residential areas so Â that people Â can Â live and Â occupy decent housing and affordable in the housing healthy, safe, harmonious, and sustainable in all regions of Indonesia. "Although the regulations with regard to the procurement of low-income housing has Â been Â a lot made, but the fact still occur backlog (number gap between the need and availability of home) as contained in the Â Strategic Plan of Â Â the Ministry of Â Public Works and public housing in 2015-2019 which states that until 2014, the remaining backlog of as many as 11.4 million homes. this reflects the need to optimize housing law to accelerate the supply of homes for low income people (MBR). by using the methodology and theories from the academic side, the present study was designed to find out why the housing law has Â not Â been effective in an effort to facilitate Â access to home ownership for MBR and also to know how to optimize housing law to facilitate Â access Â to home ownership for MBR. Therefore the targeted outcomes of this study apart from a Dissertation (draft dissertation) approved supervisor, scientific publications in journals of international repute and enrichment of teaching materials on the subject property law in Indonesia that is taught at the Faculty of the University of Djuanda Bogor. This study also we target to become an academic paper for the improvement of relevant legislation Property in Indonesia

TINJAUAN YURIDIS HAK PEMBELI KIOS HASIL KERJASAMA PEMBANGUNAN PASAR TRADISIONAL DENGAN SISTEM BUILD OPERATE AND TRANSFER (BOT) DI KABUPATEN BOGOR Hidayat, Asep; Roestamy, Martin; Sihotang, Sudiman
DERECHTSSTAAT Vol 3, No 1 (2017): JURNAL HUKUM "DERECHTSSTAAT"
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v3i1.721

In realizing the general welfare, the acceleration in the construction sector more incentive. One of them is the development in the field of economy and trade, such as traditional markets. An integral part of the market is a kiosk which is a merchant selling. In implementing the needed development funds are not small so this should be a concern of government, given the limited funds of APBN / APBD. One alternative to overcome the limitations of these funds is through cooperation with the private sector with a system Build Operate and Transfer (BOT). Example analyzed is an agreement between the Government of Bogor Regency with PT. Fortunindo Artha Perkasa to revitalize Ciawi market in 2006. The aim of this study is to determine the actualization of the results of development cooperation agreements with the BOT system Ciawi market as well as to determine the legal certainty of ownership of a kiosk in a legal perspective objects. The method used in this research that the Juridical Sociological (Empirical), namely law as phenomena of society, as institutional, or behavior that develop. The technique of data collection is through a method Interview (interview) and Questionnaire Method. Based on the results of research conducted Writer that actualizing the result of cooperation with the BOT system between Bogor Regency with PT. Fortunindo Artha Perkasa is a mutually beneficial cooperation. The partnership is agreed in the contract that contains the rights and obligations of the parties. The agreement provides advantages, both for the Bogor Regency, PT. Fortunindo Artha Perkasa as well as for merchants. Concerning legal certainty, kiosks in law objects categorized as immovable property and have caused material rights to it, namely, the right material that gives pleasure and the right material that has the properties provide warranty. But, market stalls, if used as a credit guarantee of the legal protection for the debtor itself is weak because the market stall cannot be bound by the guarantee institution in Indonesia.

THE PRINCIPLE OF THE USEFULNESS OF A WAQF OBJECT IN THE PERSPECTIVE OF NAZHIR PROFESSIONALISM BASED ON LAW NUMBER 41 YEAR 2004 ABOUT WAQF IN SUB-DISTRICT CIAWI AND SUB-DISTRICT MEGAMENDUNG BOGOR Sulastri, Siti; Yumarni, Ani; Sihotang, Sudiman
DERECHTSSTAAT Vol 4, No 2 (2018): JURNAL HUKUM DERECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v4i2.1529

Realizing the expediency principle of waqf property, one of the efforts that be able to conducted is selecting and appointing nazhir that is conform the criteria and standards of professional nazhir competence. The purpose of study is to determine the criteria and professional nazhir competence in order to realize the expediency principle to assets of waqf in Ciawi and Megamendung district as well as to know the legal effect on waqf asset if nazhir not professional in managing and developing it. The approach method used in this research is sociological juridical (empirical), the law as a symptom of society, as a social institution or behavior that is pattern. Technical data collection used is through observation method, and interview method (interview). Based on results of research conducted by the author that the criteria and standards of professional nazhir competence is proficient, reasonable, law waqf understanding both Syariah and law, behaved as has been exemplified by the prophet Muhammad SAW namely sidiq, amanah, fathanah, tabligh, and possess skills and creativity not only in the field of syariah but law field, management and business. The legal consequences of the unmanaged asset of waqf in accordance to the legislation are the objects of waqf being displaced so that the management and its development can be taken over by the Badan Wakaf Indonesia, accordance to applicable laws and regulations.

DEVELOPMENT OF WAQF LAND PRODUCTIVITY FOR THE CONTRUCTION OF HOUSING TO LOW INCOME SOCIETY (MBR) FOR REALIZING GENERAL WELFARE Syawaludin, Saepi; Roestamy, Martin; Sihotang, Sudiman
DERECHTSSTAAT Vol 4, No 2 (2018): JURNAL HUKUM DERECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Endowments in Indonesia have abundant potential. However, the potential of waqf has not been able to contribute to solving the problem of poverty, because the management of waqf assets in Indonesia has not been widely used productively due to the still conservative pattern of public thought. Using the Juridical-Normative method, this study tries to provide a literary explanation of the views of the Fuqhas on how the legal status of the development of the productivity of waqf property? and how is the model that can be used to develop the productivity of the waqf property? According to Al-Kamal bin Al-Hammam, the authors of the books Fathul Qadir and Al-Mirginani, the authors of the book Al-Hidayah, said that they could build buildings that were already known that the building could be useful for the ummah, and many models could be used. delivery (BGS) or build operate transfer (BOT).

LAW PARADIGM DEVELOPMENT TO REDUCE HOUSING BACKLOG Sihotang, Sudiman
JURNAL ILMIAH LIVING LAW Vol 9, No 1 (2017): JURNAL ILMIAH LIVING LAW VOL.9 NO.1 2017
Publisher : Magister Ilmu Hukum Sekolah Pascasarjana Unida

There is a difference of paradigm between rural and urban people about house ownership, if urban society is influenced by Civil Code thinking where if one buys land at the same time he/she buys everything that is above it, including house building. Unlike the village community, the atmosphere of thinking about the land is influenced by customary law, which has a communal nature in which the land is owned by a citizen or otherwise known as ulayat land, so it can be understood that the minds of rural people about the house is not always merged with the land ownership, or ulayat can be built houses of some fellowship members. As a result of this paradigm, people should think of setting up funds to buy land if they want to buy a house, while the price of urban land is higher, and for the housing stake-holders, for example, housing developers, the land is used as a business commodity and a tool to achieve profits- the more so, if people want to buy a flat housing, you can imagine the meter price of the building will be charged to the land which is an integral part of the apartment unit. This raises several issues such as the number of backlog of housing is increasing, in 2015 recorded approximately reaches 14 million backlog. The governments target of providing a million homes is not achieved, including the construction of 1000 towers the year it is getting harder to achieve. This study aims to look at legal aspects that can provide solutions for the provision of housing, especially the Low Income Community (MBR) and Very Low Income Society (MBSR) so that the construction of a house is not just a project of a particular party, but a way for people to access home ownership. The method used is Sociological Jurisdiction with deep attention as well as Normative Juridical aspects as the related variables one and other.Keywords : Paradigm, Housing Law, Flat, Low-Income Community.

CONSOLIDATION OF URBAN LAND FOR THE CONSTRUCTION OF HOUSING FOR LOW INCOME COMMUNITIES (LIC) IN THE CITIES OF BOGOR AND DEPOK Ilyanawati, R. Yuniar Anisa; Sihotang, Sudiman
JURNAL ILMIAH LIVING LAW Vol 9, No 2 (2017): JURNAL ILMIAH LIVING LAW VOL.9 NO.2 2017
Publisher : Magister Ilmu Hukum Sekolah Pascasarjana Unida

Low Income Communities here in after abbreviated to LIC (MBR) is a society which has a limitation of buying power so need to get government support to acquire the home. According to the World Bank, that society with spending US Dollar 2-20 per-kapita per-day, it can be put into the category of Low Income Communities. In other words, at least the community expenditure of approximately Rp.798.720,- (Seven Hundred and Ninety-Eight Thousand Seven Hundred Twenty Rupiah) per-kapita per-mounth (exchange rate 1 US Dollar=Rp.13.312,- per-February 2017). Therefore, there needs to be the response to the problem of the provison of land and housing for the MBR. An alternative solution is to implement a mechanism to Land Consolidation in urban areas, especially for the MBR. In the implementation of land consolidation in Indonesia, it is not easy and even still there are some people who still lay, particularly for some of the MBR. The need for wider dissemination of the urban consolidation in particular to establish a housing for MBR, such as some of them in the cities of Bogor and Depok. Therefore, to know and analyze the research, the methods used are methods of Juridical Normative approach that is conceptualized as legal norms, rules, principles, or dogmas by using studies library (study of the literature) but all are necessary, can be done interview, to complement the study of librarianship. As found on the city of Bogor and Depok, regarding the implementation of the Land Consolidation in urban for housing development of MBR it still unable to realize the intenstions, goals and objectives towards the implementation of the land consolidation, especially in an attempt to defend and protect even the enhance the welfare of peoples lives especially the MBR. Land consolidation model for providers of land for development policy the MBR in Bogor and Depok could be done with appropriate legal solutions through the early stages of the implementation of the model in the form of Land Banking can make PERUM PERUMNAS as Land Bank to gather and manage the availability of land running mates in order to compensate for the fulfillment of a need for housing for the MBR in Cities of Bogor and Depok.Keywords: Land Consolidation, Housing, Low Income Communities (MBR)

IMPLEMENTASI HUKUM PERUMAHAN SEBAGAI USAHA PERCEPATAN PENGADAAN RUMAH BAGI MASYARAKAT YANG BERPENGHASILAN RENDAH (MBR) Sudiman Sihotang
JURNAL HUKUM DE'RECHTSSTAAT Vol. 2 No. 1 (2016): JURNAL HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda Bogor

In the preamble of the two basic considerations Act No. 1 of 2011 on Housing and Region Settlements (Act PKP "That the state is responsible for protecting all Indonesian citizens through the implementation of housing and residential areas so that people can live and occupy decent housing and affordable in the housing healthy, safe, harmonious, and sustainable in all regions of Indonesia. "Although the regulations with regard to the procurement of low-income housing has been a lot made, but the fact still occur backlog (number gap between the need and availability of home) as contained in the Strategic Plan of the Ministry of Public Works and public housing in 2015-2019 which states that until 2014, the remaining backlog of as many as 11.4 million homes. this reflects the need to optimize housing law to accelerate the supply of homes for low income people (MBR). by using the methodology and theories from the academic side, the present study was designed to find out why the housing law has not been effective in an effort to facilitate access to home ownership for MBR and also to know how to optimize housing law to facilitate access to home ownership for MBR. Therefore the targeted outcomes of this study apart from a Dissertation (draft dissertation) approved supervisor, scientific publications in journals of international repute and enrichment of teaching materials on the subject property law in Indonesia that is taught at the Faculty of the University of Djuanda Bogor. This study also we target to become an academic paper for the improvement of relevant legislation Property in Indonesia

TINJAUAN YURIDIS HAK PEMBELI KIOS HASIL KERJASAMA PEMBANGUNAN PASAR TRADISIONAL DENGAN SISTEM BUILD OPERATE AND TRANSFER (BOT) DI KABUPATEN BOGOR Asep Hidayat; Martin Roestamy; Sudiman Sihotang
JURNAL HUKUM DE'RECHTSSTAAT Vol. 3 No. 1 (2017): JURNAL HUKUM "DE'RECHTSSTAAT"
Publisher : Fakultas Hukum Universitas Djuanda Bogor

In realizing the general welfare, the acceleration in the construction sector more incentive. One of them is the development in the field of economy and trade, such as traditional markets. An integral part of the market is a kiosk which is a merchant selling. In implementing the needed development funds are not small so this should be a concern of government, given the limited funds of APBN / APBD. One alternative to overcome the limitations of these funds is through cooperation with the private sector with a system Build Operate and Transfer (BOT). Example analyzed is an agreement between the Government of Bogor Regency with PT. Fortunindo Artha Perkasa to revitalize Ciawi market in 2006. The aim of this study is to determine the actualization of the results of development cooperation agreements with the BOT system Ciawi market as well as to determine the legal certainty of ownership of a kiosk in a legal perspective objects. The method used in this research that the Juridical Sociological (Empirical), namely law as phenomena of society, as institutional, or behavior that develop. The technique of data collection is through a method Interview (interview) and Questionnaire Method. Based on the results of research conducted Writer that actualizing the result of cooperation with the BOT system between Bogor Regency with PT. Fortunindo Artha Perkasa is a mutually beneficial cooperation. The partnership is agreed in the contract that contains the rights and obligations of the parties. The agreement provides advantages, both for the Bogor Regency, PT. Fortunindo Artha Perkasa as well as for merchants. Concerning legal certainty, kiosks in law objects categorized as immovable property and have caused material rights to it, namely, the right material that gives pleasure and the right material that has the properties provide warranty. But, market stalls, if used as a credit guarantee of the legal protection for the debtor itself is weak because the market stall cannot be bound by the guarantee institution in Indonesia.

DEVELOPMENT OF WAQF LAND PRODUCTIVITY FOR THE CONTRUCTION OF HOUSING TO LOW INCOME SOCIETY (MBR) FOR REALIZING GENERAL WELFARE Saepi Syawaludin; Martin Roestamy; Sudiman Sihotang
JURNAL HUKUM DE'RECHTSSTAAT Vol. 4 No. 2 (2018): JURNAL HUKUM "DE'RECHTSSTAAT"
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Endowments in Indonesia have abundant potential. However, the potential of waqf has not been able to contribute to solving the problem of poverty, because the management of waqf assets in Indonesia has not been widely used productively due to the still conservative pattern of public thought. Using the Juridical-Normative method, this study tries to provide a literary explanation of the views of the Fuqhas on how the legal status of the development of the productivity of waqf property? and how is the model that can be used to develop the productivity of the waqf property? According to Al-Kamal bin Al-Hammam, the authors of the books Fathul Qadir and Al-Mirginani, the authors of the book Al-Hidayah, said that they could build buildings that were already known that the building could be useful for the ummah, and many models could be used. delivery (BGS) or build operate transfer (BOT).

THE PRINCIPLE OF THE USEFULNESS OF A WAQF OBJECT IN THE PERSPECTIVE OF NAZHIR PROFESSIONALISM BASED ON LAW NUMBER 41 YEAR 2004 ABOUT WAQF IN SUB-DISTRICT CIAWI AND SUB-DISTRICT MEGAMENDUNG BOGOR Siti Sulastri; Ani Yumarni; Sudiman Sihotang
JURNAL HUKUM DE'RECHTSSTAAT Vol. 4 No. 2 (2018): JURNAL HUKUM "DE'RECHTSSTAAT"
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Realizing the expediency principle of waqf property, one of the efforts that be able to conducted is selecting and appointing nazhir that is conform the criteria and standards of professional nazhir competence. The purpose of study is to determine the criteria and professional nazhir competence in order to realize the expediency principle to assets of waqf in Ciawi and Megamendung district as well as to know the legal effect on waqf asset if nazhir not professional in managing and developing it. The approach method used in this research is sociological juridical (empirical), the law as a symptom of society, as a social institution or behavior that is pattern. Technical data collection used is through observation method, and interview method (interview). Based on results of research conducted by the author that the criteria and standards of professional nazhir competence is proficient, reasonable, law waqf understanding both Syariah and law, behaved as has been exemplified by the prophet Muhammad SAW namely sidiq, amanah, fathanah, tabligh, and possess skills and creativity not only in the field of syariah but law field, management and business. The legal consequences of the unmanaged asset of waqf in accordance to the legislation are the objects of waqf being displaced so that the management and its development can be taken over by the Badan Wakaf Indonesia, accordance to applicable laws and regulations

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